Lex Bar - Friendly Essay Flashcards
A Notice of Appeal must be filed in the Circuit Court within
30 days from the entry of the final order being appealed.
Appeals from Circuit Court final judgments in civil cases go to
the Virginia Court of Appeals, and are as-of-right.
When a party timely files an appeal in the wrong appellate court,
it will be transferred to the correct court, not dismissed.
After losing a civil appeal in the Virginia Court of Appeals, a losing party may
petition the Virginia Supreme Court for appeal.
In Virginia, depositions cannot be used as evidence in support of
a Motion for Summary Judgment.
A party’s responses to request for admissions can be used as evidence in support of a Motion for Summary Judgment, even if the admissions are based in whole or in part on depositions, so long as
the admissions do not directly reference the deposition or require the deponent to admit that he or she gave particular deposition testimony.
Subject Matter Jurisdiction, unlike personal jurisdiction, can never be
waived by a party and is an issue that can be raised at any time in the proceedings.
An error in the trial court may only be considered on appeal if it was
properly preserved by making a specific and timely objection which allowed the trial court to rule on the issue, or if the appellate court applies the “ends of justice” exception.
